Community Experiences with the InterNIC Whois Data Problem Reports System 31 March 2006 Contents Executive Summary...........................................................................................................1 Introduction........................................................................................................................2 I. Applicable Provisions of the ICANN Registrar Accreditation Agreement ..............3 II. Implementation of the WDPRS...................................................................................4 III. Statistics from Operation of the WDPRS................................................................. 5 IV. Impact of the WDPRS on Improved Whois Data Accuracy................................. 11 Executive Summary This Report summarizes ICANN's experience with the operation of the Whois Data Problem Report System (WDPRS) during a 12-month reporting period that ended 28 February 2006. ICANN developed this system to receive and track complaints about inaccurate or incomplete Whois data entries. Individuals who encounter such entries may notify ICANN by completing an online form, which is then forwarded to the registrar of record for appropriate action. The WDPRS is one of the tools that ICANN uses to improve the accuracy of Whois data. Through the WDPRS, ICANN is able to track how many reports are filed and confirmed by the reporter so they may be sent to the registrar of record. After forty-five days, ICANN asks the person filing the report to complete the process by performing a follow- up review, which involves checking the Whois data again and indicating whether (i) the data was fixed; (ii) the domain name was deleted; (iii) the data was unchanged; or (iv) there is some other disposition. On average, there were 4,305 reports completed each month during the reporting period, totaling 51,664 total reports for which ICANN received follow-up responses. Of these, 25,219 represented unique domain names. Thus, 26,445 duplicate reports were submitted. Reports were submitted by 3,568 different individuals; the top 20 contributing individuals accounted for over 59% of the 51,664 reports. The analysis performed on the data indicates that approximately 63% of the names reported were corrected, suspended, or are no longer registered. This matches the percentage of names that were corrected, suspended, or no longer active during the last reporting period, but because 20,111 more complaints were filed this year, an estimated additional 12,670 Whois data complaints were successfully resolved this year. Community Experiences with the InterNIC WDPRS Page 1 As noted, the number of reports handled by the WDPRS during this review period was higher than in previous periods. This was likely due to increased awareness of the system. In addition, it appears that a handful of users of the WDPRS have intentionally filed redundant complaints without allowing the registrar or registrant an opportunity to take action. By way of example, in one month, a single reporter filed 36 complaints about one domain name which was ultimately suspended by the registrar and deleted. Introduction This report summarizes ICANN's experience with the operation of the Whois Data Problem Report System at InterNIC.net <http://wdprs.internic.net> since publication of the previous WDPRS report on 31 March 2005 <http://www.icann.org/whois/wdprs- report-final-31mar05.htm>. These reports are published pursuant to Section II.C.10.a of Amendment 6 to the ICANN/DOC Memorandum of Understanding, which provides that: ICANN shall publish a report no later than March 31, 2004, and annually thereafter, providing statistical and narrative information on community experiences with the InterNIC WHOIS Data Problem Reports system. The report shall include statistics on the number of WHOIS data inaccuracies reported to date, the number of unique domain names with reported inaccuracies, and registrar handling of the submitted reports. The narrative information shall include an evaluation of the impact of the WHOIS Data Problem Reports system on improved accuracy of WHOIS data. <http://www.icann.org/general/amend6-jpamou-17sep03.htm> Whois data for generic Top Level Domains (gTLDs) includes information about the registrant, administrative contact, technical contact, and name servers associated with each domain name. This information is used for a variety of important purposes, including resolution of technical network issues, identification and verification of online merchants, investigations by consumer protection and law enforcement authorities, enforcement of intellectual property rights, identification of sources of spam e-mail, and determinations of whether a domain name is available for registration. Whois services have been available on the Internet since the early 1980s and continue to be broadly used. According to an online survey of over 3,000 participants (representing businesses, governments, ISPs, registrars, individuals, and non-commercial organizations) conducted by the ICANN Domain Name Supporting Organization in 2001, Internet users broadly consider accurate Whois data to be important and support measures to improve its accuracy. <http://www.dnso.org/dnso/notes/WhoisTF/20020625.TFWhois-report.htm> Another report required by the same section of the MOU, entitled Implementation of the Whois Data Reminder Policy, was published on 30 November 2005 <http://www.icann.org/whois/wdrp-survey-report-30nov05.pdf>. Community Experiences with the InterNIC WDPRS Page 2 I. Applicable Provisions of the ICANN Registrar Accreditation Agreement The Registrar Accreditation Agreement (RAA), which governs the relationship between ICANN and all accredited registrars, sets out several obligations for registrars with regard to Whois data accuracy. Specifically, registrars must: • Require each registrant to submit (and keep updated) accurate contact details (RAA ¶ 3.7.7.1 <http://www.icann.org/registrars/ra-agreement- 17may01.htm#3.7.7.1>); • Provide both a web-based and Port 43 Whois service providing access to complete contact information for all TLDs covered under the RAA (RAA ¶ 3.3.1 <http://www.icann.org/registrars/ra-agreement-17may01.htm#3.7.7>); • Require registrants to agree that willfully submitting inaccurate contact details (or failing to respond within 15 days to an inquiry regarding accuracy) shall be a basis for cancellation of the registration (RAA ¶ 3.7.7.2 <http://www.icann.org/registrars/ra-agreement-17may01.htm#3.7.7.2>); and • Take reasonable steps to investigate and correct the contact details in response to any reported inaccuracy (RAA ¶ 3.7.8 <http://www.icann.org/registrars/ra- agreement-17may01.htm#3.7.8>). ICANN has taken several steps to improve the accuracy of Whois data. These include: • On 10 May 2002, ICANN provided a reminder to registrars of the importance of understanding their obligations regarding the accuracy of Whois data in a "Registrar Advisory Concerning Whois Data Accuracy" <http://www.icann.org/announcements/advisory-10may02.htm>. • On 3 September 2002, ICANN announced additional steps taken to attempt to improve the accuracy of Whois data, see Announcement on Steps to Improve Whois Data Accuracy <http://www.icann.org/announcements/announcement- 03sep02.htm>. As a part of that, ICANN developed a system for receiving and tracking complaints about inaccurate or incomplete Whois data. The first annual report on the "Whois Data Problem Reports System" was published on 31 March 2004 and covered information about that process <http://www.icann.org/whois/wdprs-report-final-31mar04.htm>. • On 27 March 2003, ICANN adopted the Whois Data Reminder Policy (WDRP) <http://www.icann.org/registrars/wdrp.htm> as a consensus policy. The WDRP requires that a registrar present current Whois information to each registrant, at least annually, and remind the registrant that the provision of false data can be grounds for cancellation of a registration. Registrants must review their Whois data and make any necessary corrections. • On 3 April 2003, shortly after adopting the WDRP, ICANN issued a "Registrar Advisory Concerning the '15-day Period' in Whois Accuracy Requirements" <http://www.icann.org/announcements/advisory-03apr03.htm>. That advisory provided guidance on a registrar's right to cancel a registration because of a Community Experiences with the InterNIC WDPRS Page 3 registrant's (i) "willful provision of inaccurate or unreliable information"; (ii) "willful failure promptly to update information;" or (iii) a "failure to respond for over fifteen calendar days to inquiries by Registrar concerning the accuracy of contact details." The advisory also reiterated that a registrar has the right to cancel a registration in such cases, but is not required to do so. • In October 2004, ICANN began conducting annual WDRP compliance audits, the results of which were posted online <http://www.icann.org/whois/WDRP- Implementation-30Nov04.pdf> and <http://www.icann.org/whois/wdrp-survey- report-30nov05.pdf>. • As part of the registrar accreditation renewal process begun in 2005, ICANN has reviewed every renewing registrar's level of compliance with the WDRP and required non-compliant registrars to come into compliance before permitting renewal of accreditation. Over the last six months, ten registrars came into compliance with the WDRP as a direct result of the accreditation renewal process. • Over the course of the current reporting period, ICANN increased staffing in its Registrar Liaison and Compliance departments and has placed